Kazemi (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Immigration to refuse Mr Kazemi a Student (Temporary) (Class TU) visa, Subclass 500 (Student). Mr Kazemi had applied for the visa to undertake study in Australia. The delegate's refusal was based on the applicant not satisfying clause 500.212 of Schedule 2 to the Migration Regulations 1994, which concerns being a genuine temporary entrant.

The Tribunal was required to determine whether Mr Kazemi met the enrolment requirements for a student visa at the time of the Tribunal's decision. Specifically, the Tribunal considered clause 500.211 of the Regulations, which mandates that an applicant must be enrolled in a course of study at the time of the decision. A "course of study" is defined as a "full-time registered course," and a "registered course" is one provided by an institution registered to offer such courses to overseas students under the Education Services for Overseas Students Act 2000.

The Tribunal noted that Mr Kazemi had not provided evidence of his enrolment in an approved course of study, despite being invited to do so in writing prior to the hearing and being requested again at the hearing. This evidence, such as a Certificate of Enrolment, was a prerequisite for satisfying the enrolment criteria under clause 500.211. As this essential criterion was not met, the Tribunal affirmed the delegate's decision to refuse the visa.